Beyond the realm of criminal law! individuals may bear civil liability for human rights violations in certain circumstances. Article 14 of the CAT provides that each state party must ensure that victims of torture have an enforceable right to compensation in its legal system. Some domestic jurisdictions permit civil suits bas on violations of international law! such as the Alien Tort Statute (US).
There is also some authority to suggest
It might be possible for individuals to bear international civil liability. Authors such as Andrew Clapham have identifi this as an emerging basis upon which individuals could be held internationally responsible. This possibility was left open by the ILC! which not that international individual responsibility had thus far “operat in the field of criminal responsibility! but it is not chinese thailand data exclud that developments may occur in the field of individual civil responsibility” [at 142]. While an emerging trend may be observ! it is doubtful whether such a basis for individual responsibility has crystallis into a settl norm. It may be helpful to distinguish criminal responsibility from broader (and less clear-cut) individual liability for human rights violations! and to de-criminalise the use of language.
There are precents relating
The ‘naming of names’. Previous commissions have identifi some international platforms suspect individuals in the hope of supporting prosecutions. However! the conditions under which this is desirable require careful scrutiny.
A first lesson from practice is that What is the add providing a bare list of names may be of limit use. In many cases! prosecutors will have to construct their own theory of the case and conduct independent mobile lead investigations. Providing ‘leads’ for such investigations through fact-finding may be more helpful than a list of names.